Spain again denies amnesty to Puigdemont despite European endorsement

A decision of the Supreme Spanish arises after on 16 July the Court of Justice of the European Union (TJUE) having endorsed the amnesty law of independents of Catalonia approved by the Parliament of Spain in 2024.

The EUJ considered that amnesty respects Community law, that there has been no harm to the application of European funds and that it “is intended to reduce institutional and political tensions and facilitate a scenario of reconciliation”.

The European court has therefore responded with two sentences to the questions raised by some Spanish courts concerning the law.

In a statement, the Supreme Court justified that Judge Pablo Llanera maintains the refusal of amnesty to Carles Puigdemont because of the accusation of embezzlement that the former regional president is targeted, with the magistrate saying that he has “two reasons”: “the purpose of obtaining a personal asset benefit” and possible injury to the “financial interests of the European Union”.

“The judgment of the TJUE prevents maintaining the second of the reasons for excluding the application of amnesty”, but “does not modify” the first, i.e. the objective of “obtaining a personal benefit of an patrimonial character” , reads in the statement of the Supreme, with the arguments of the judge.

Amnesty law states that it does not apply to crimes of embezzlement when there was “a purpose of obtaining a personal benefit of an patrimonial nature” and this is the justification used by the judge to refuse application to Puigdemont, in what the lawyers of the independent leader have considered a “grotesque arbitrariness” of the magistrate.

Amnesty has already been applied to about 300 people by various Spanish courts.

The Supreme himself first applied the law a in July following the judgment of the EUJ.

The Supreme continues, however, without amnescing the main political leaders of the attempt to self-determination of Catalonia that culminated in an illegal referendum and a unilateral declaration of independence in October 2017, when the regional executive was chaired by Carles Puigdemont, of the party Together by Catalonia (JxCat, conservative), and had as ‘number two’ Oriol Junqueras, of the Republican Left of Catalonia (ERC).

Puigdemont lives in Belgium since 2017 to escape Spanish justice and Junqueras was arrested and convicted, having passed through prison.

The leaders who continue to see amnesty refused appealed from the Supreme to the Constitutional Court, which plans to examine cases from October 22.

In response to appeals relating to parts of the law, submitted by various entities, such as political parties or regional governments, the Spanish Constitutional Court has already approved amnesty, considering it legal and in accordance with the Spanish Constitution.

The amnesty law, approved by the Spanish national parliament in 2024, was a requirement of the ERC and JxCat to enable the current Spanish government of socialist Pedro Sánchez in November 2023.

After the approval of the EUJ last July, the Government of Spain and several parties asked the judges of the country to apply the law fully and “as soon as possible”, considering that the debate has been exhausted from a legal point of view.